Pet Trust

Cari Rincker Animal Law, Estate Planning Leave a Comment

According to a 2018 study by the AVMA (American Veterinary Medical Association), approximately 57% of all US households have at least one pet. So, what happens to your pet when you die or become incapacitated? Planning ahead can give you peace of mind knowing that your pet will be cared for after you’re gone. There are several ways to do …

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Illinois Family and Animal Law: “Custody” of Pets

Rincker Law Animal Law, Family/Matrimonial Law Leave a Comment

As of 2018, matrimonial judges can consider the “well-being” of a pet in deciding whether there will be sole or joint ownership.  The new law expands the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”).  Now, 750 ILCS 5/503(n) states that: “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the …

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Illinois Animal Law: Replevin of Pets

Rincker Law Animal Law 3 Comments

Replevin is proper action to be brought by an owner seeking return of his or her pet when the pet “ha[s] been wrongfully distained, or otherwise wrongfully taken or … wrongfully detained”. See 735 ILCS 5/19-101. In a replevin action, “the court shall issue an order of replevin if plaintiff establishes a prima facie case to a superior right of …

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Illinois Family Law: The Allocation of Possession and Responsibility of Pets

Rincker Law Animal Law, Family/Matrimonial Law Leave a Comment

Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …

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Illinois Animal Law: Dangerous vs. Vicious Dog Definition

Rincker Law Animal Law Leave a Comment

If you live in a village, town or city in Illinois that does not have it’s own definition of dangerous dog/animal or vicious dog/animal, then the definition set forth by the Illinois Animal Control Act, 510 ILCS 5 will apply.  Let’s take a look at those two definitions. “Potentially dangerous dog” means a dog that is unsupervised and found running …

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Illinois Animal Law: Keeping Dangerous Dogs in Urbana

Rincker Law Animal Law Leave a Comment

If you have been found to have a “dangerous animal” in Urbana, Illinois, then Section 4-28 of the Urbana code sets forth a few requirements: Post a sign in a conspicuous place noting that there is a dangerous dog on the premises (sign must be at least 8 and 1/2 X 11 inches). Use a leash 3 ft or shorter …

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Illinois Animal Law: Has Your Dog Been Impounded in Urbana?

Rincker Law Animal Law Leave a Comment

Under Section 4-24 of the Urbana Code, an animal can be impounded if: Is found to run at large, is lost, is apparently abandoned, or is otherwise deemed a stray; Has bitten any person or animal, or is believed to have otherwise behaved in a threatening, dangerous, terrorizing, or vicious manner; and, Has been found to be vicious. In this …

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Illinois Animal Law: What is the Difference Between a Dangerous Animal and Vicious Animal in Urbana?

Rincker Law Animal Law 1 Comment

If you live in Urbana, Illinois, under Section 4-1 of the Urbana Code, a “dangerous animal” is defined as a an email when: either unmuzzled, unleashed, or unattended by its owner, or a member of the owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, any other public place, …

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